Terms & Conditions
- Bid Specifications: The Contractor shall recognize and perform in accordance with only written terms, specifications, and drawings contained or referred to herein. All materials shall conform to bid specifications.
- Work Force: Contractor shall designate a qualified representative with experience in tree management. The workforce shall be presentable at all times. All employees shall be competent and qualified and shall be legally authorized to work in the U.S.
- Tree & Stump Removal: Trees removed will be cut as close to the ground as possible based on conditions near or next to the bottom of the tree trunk. Additional charges will be levied for unseen hazards such as, but not limited to concrete or brick-filled trunks, metal rods, etc. Standard stump grinding/removal includes 6″ to 8″ below ground grade and backfill of the hole with resulting mulch and debris to a level grade. If requested, mechanical grinding of visible tree stump will be done to a defined width and depth below ground level at an additional charge to the Client/Owner. Stump removal does not include above-ground roots unless otherwise specified in the proposal. IMPORTANT: 811 will be notified after stumps have been properly marked with white paint and/or flags for marking and locating of subsurface facilities. No stumps shall be ground until all utilities have provided positive responses and/or marked their facilities. 811 Locators are not able to detect irrigation lines; Contractor is not responsible for damage done to underground utilities such as, but not limited to, irrigation lines, unseen sprinkler heads, cables, wires, pipes, etc. Contractor will repair damaged irrigation lines at the Client/Owner’s expense.
- Scheduling of Work: If the job site conditions materially change from the time of approval of this proposal to the time the work starts, such that the job costs are adversely changed, this proposal is null and void. Scheduling of work is dependent on weather conditions and workloads. Our office will call the day prior to the work being done, unless other arrangements are made.
- Work Hours: Any work, including emergency work, overtime, and weekend work performed outside of the normal working hours (Monday-Friday between 6:30 a.m. and 2:30 p.m.) shall be billed at overtime rates. Use of power equipment will commence at 7:00 a.m., unless otherwise specified in the scope of work. Additional charges will be applied if crews cannot use power equipment by 9:00 a.m.
- License and Permits: Contractor shall maintain a Landscape Contractor’s license if required by State or local law and will comply with all other license and permit requirements of relevant city, state and federal governments, as well as all other requirements of law.
- Taxes: Contractor agrees to pay all applicable taxes, including sales taxes on material supplied, where applicable.
- Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker’s Compensation Insurance, and any other insurance required by law or Client/Owner, as specified in writing prior to commencement of work. If not specified, Contractor will furnish insurance with a $1,000,000 limit of liability.
- Liability: Contractor shall indemnify the Client/Owner and its agents and employees from and against any liabilities that arise out of Contractor’s work to the extent such liabilities are adjudicated to have been caused by Contractor’s negligence or willful misconduct. Contractor shall not be liable for any damage that occurs from acts of God. Acts of God are defined as those caused by windstorms, hail, fires, floods, earthquakes, hurricanes and freezing, etc. Under these circumstances, Contractor shall have the right to renegotiate the terms and prices of this agreement within sixty (60) days. Any illegal trespass, claims and/or damages resulting from work requested that is not on property owned by Client/Owner or not under Client/Owner management and control shall be the sole responsibility of Client/Owner.
- Waiver of Liability: Requests for crown thinning or “topping” in excess of twenty-five percent (25%), or work not in accordance with ISA (International Society of Arboricultural) standards will require a signed waiver of liability.
- Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment.
- Additional Services: Any additional work not specified in the signed written proposal that involves additional costs will be executed only upon the signed written order and will become an extra charge over and above the estimate.
- Access to Job Site: Client/Owner shall provide all utilities to perform the work. Client/Owner shall furnish access to all parts of the job site where Contractor is to perform work as required by the Contract or other functions related thereto, during normal business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the owner makes the site available for performance of the work.
- Hardscapes: Contractor will attempt to minimize all disturbances to the customer’s concrete driveways, walkways and curbing. Contractor will not be responsible for cracks, damage, and repositioning of hardscapes due to the weight or movement of equipment and/or vehicles in and out of the jobsite.
- Invoicing: Client/Owner shall make payment to Contractor within fifteen (15) days of receipt of invoice.
- Cancellation: Notice of cancellation of work must be received in writing before the crew is dispatched to their location or Client/Owner will be liable for a minimum travel charge of $150.00 and billed to Client/Owner.
- Assignment: The Client/Owner and the Contractor, respectively, bind themselves, their partners, successors, assignees and legal representatives to the other party with respect to all covenants of this Contract. In the event of the sale or transfer of Client/Owner’s interest in its business and/or the property which is the subject of this agreement, Client/Owner must first obtain the written consent of Contractor for the assignment of any interest in this agreement to be effective.
- Disclaimer: This proposal for tree care services and the information enclosed is considered to be confidential. This proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means, at or about the time this proposal was prepared. The price quoted in this proposal for the work described, is the result of that ground-level visual inspection and therefore our company will not be liable for any additional costs or damages for additional work not described herein, or liable for any incidents/accidents resulting from conditions, that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed. The work performed by Contractor is intended to reduce the chances of tree failure and any corresponding property liabilities, in addition to enhancing aesthetic value but is not a guarantee. We cannot be held responsible for unknown or otherwise hidden defects of your trees, which may fail in the future. The corrective work proposed herein cannot guarantee exact results. Professional engineering, architectural, and/or landscape design services (“Design Services”) are not included in this Agreement and shall not be provided by the Contractor. Any design defects in the Contract Documents are the sole responsibility of the Owner. If the Client/Owner must engage a licensed engineer, architect and/or landscape design professional, any costs concerning these Design Services are to be paid by the Client/Owner directly to the designer involved.
Acceptance of this Proposal
Contractor is authorized to perform the work stated on the face of this proposal.
Payment will be 100% due at time of billing. If payment has not been received by Contractor within fifteen (15) days after billing, Contractor shall be entitled to all costs of collection, including reasonable attorneys’ fees and it shall be relieved of any obligation to continue performance under this or any other Contract with Client/Owner. Interest at a per annum rate of 1% per month, or the highest rate permitted by law, will be charged on unpaid balance 45 days after billing.
NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON CONSTRUCTION JOBS, MAY RESULT IN A MECHANIC’S LIEN ON THE TITLE TO YOUR PROPERTY.